Legal Question in Wills and Trusts in New York
wife dies & no will
If a couple has been legally separated for 30 years, but the wife has no will and she dies, does everything go to her her husband automatically or to her children?
Asked on 5/23/09, 7:33 am
1 Answer from Attorneys
Michael Markowitz
Michael A. Markowitz, PC
Re: wife dies & no will
What do you mean by legally separated? Was a written separation agreement signed? If yes, and wife waived her inheritance rights under that written document, it would then go to children.
If there is nothing written, $50,000 + 1/2 estate goes to wife with remainder to children.
Mike.
Answered on 5/23/09, 10:11 am